Other Topics

Question 1

Zoning Definition

Answer 1

Pursuant to its police powers, the government may enact statutes to control land use.

Question 2

Definition of the Variance

Answer 2

• The variance grants a landowner permission to depart from a zoning stricture.
• This is the principal means to achieve flexibility in zoning.
• The variance is granted or denied by administrative action, typically in the form of a zoning board.

Question 3

What a variance must show to be granted

Answer 3

Must show undue hardship and that the variance won’t diminish neighboring property values.

Question 4

Nonconforming use defined

Answer 4

A once lawful, existing use is now deemed noncon-forming by a new zoning ordinance.

Question 5

Effects of nonconforming use

Answer 5

The use cannot be eliminated all at once unless the government pays just compensation for what would be a taking

Question 6

Types of Zoning Ordinances

Answer 6

Cumulative Ordinances

Question 7

Cumulative Zoning Ordinance

Answer 7

• creates a hierarchy of uses of land:
  
  • single-family home is the highest use
  • two-family home (which is a lesser use)
  • apartment building (an even lesser use)
  • strip mall (even lesser)
  • factory (even lesser).
• Under a cumulative zoning ordinance, land that is zoned for a particular use may be used for that particular use and for uses higher up in the hierarchy

Question 8

Noncumulative Zoning Ordinance

Answer 8

Under a noncumulative zoning ordinance, land may be used only for the purpose for which it is zoned.

Question 9

Property interests of condominiums

Answer 9

Each owns the interior of her individual unit plus an undivided interest in the exterior and common ele-ments.

Question 10

The owner of each condo is a member of this.

Answer 10

HOA.

Question 11

HOA rules and enforcement

Answer 11

• The HOA passes rules that prescribe what owners can and cannot do with their property.
  
  • Rules are contained in what’s called a declaration of covenants, conditions, and restric-tions (or CC&R))
• A board elected by the members of the HOA enforces the CC&Rs

Question 12

HOA Dues for Condos

Answer 12

Each condominium owner must pay regular dues to the HOA to maintain the common elements.

If monthly fees are insufficient to pay necessary expenses, HOA imposes an add’l one-time fee